AllCells, LLC v. Jack Zhai et al

Filing 38

STIPULATION AND ORDER re 37 Joint Stipulation Permitting Mutual Expedited Discovery and Setting Preliminary Injunction Schedule filed by AllCells, LLC. 12 MOTION to Expedite Discovery terminated. Motion for Preliminary Injunction set for 3/23/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 3/9/2017. Replies due by 3/16/2017. Signed by Judge Edward M. Chen on 1/23/17. (bpfS, COURT STAFF) (Filed on 1/23/2017)

Case 3:16-cv-07323-EMC Document 37 Filed 01/20/17 Page 1 of 5

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ROBERT S. SHWARTS (STATE BAR NO.
196803)
[e-mail]
MICHAEL D. WEIL (STATE BAR NO. 209056)
[e-mail]
CATHERINE Y. LUI (STATE BAR NO. 239648)
[e-mail]
JOHANNA L. JACOB (STATE BAR NO.
286796)
[e-mail]
AOIFE M. DUFFY (STATE BAR NO. 313515)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff AllCells, LLC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ALLCELLS, LLC, a California limited
liability company,

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Plaintiff,
v.
JACK ZHAI, an individual, JAMES LEE,
an individual, and CEPHEUS
BIOSCIENCES, INC., a Delaware
Corporation,

Case No. 3:16-cv-07323-EMC
JOINT STIPULATION &
[PROPOSED] ORDER
PERMITTING MUTUAL
EXPEDITED DISCOVERY AND
SETTING PRELIMINARY
INJUNCTION SCHEDULE

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Defendants.
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JOINT STIPULATION & PROPOSED ORDER ON
MUTUAL EXPEDITED DISCOVERY AND
SCHEDULE

Case 3:16-cv-07323-EMC Document 37 Filed 01/20/17 Page 2 of 5

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Plaintiff AllCells, LLC (“Plaintiff”) and Defendants Jack Zhai, James Lee, and

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Cepheus Biosciences, Inc. (collectively, “Defendants”), through their undersigned

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attorneys, hereby stipulate and agree to mutual expedited discovery and schedule:

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WHEREAS, Plaintiff filed its Motion for Preliminary Injunction (D.I. 11), Motion
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for Expedited Discovery (D.I. 12), and Motion for Shortened Time (D.I. 13) on December
28, 2016.

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WHEREAS, Plaintiff filed its Renewed Motion for Shortened Time (D.I. 27) and

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Supplemental Brief in support of its Motion for Expedited Discovery (D.I. 28) on January

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11, 2017.
WHEREAS, the Court, in its January 13, 2017 Order, set a briefing schedule on

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Plaintiff’s Motion for Expedited Discovery and ordered the parties to continue to meet and
confer on mutual expedited discovery (D.I. 31).

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WHEREAS, pursuant to the Court’s instructions, the parties conferred and have

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reached agreement as to the scope of mutual expedited discovery and a proposed briefing

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and hearing schedule on Plaintiffs’ Motion for Preliminary Injunction (D.I. 11);

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NOW, THEREFORE, IT IS HEREBY STIPULATED, this honorable Court

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consenting that:
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1) The parties’ agreement to mutual expedited discovery and a proposed

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schedule for the briefing and hearing of Plaintiff’s Motion for Preliminary

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Injunction (D.I. 11), resolves the need for this Court to rule on Plaintiff’s

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motion for expedited discovery (D.I. 12). This agreement also obviates

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any motion by Defendants for expedited discovery of Plaintiff.

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-1-

JOINT STIPULATION & PROPOSED ORDER ON
MUTUAL EXPEDITED DISCOVERY AND
SCHEDULE

Case 3:16-cv-07323-EMC Document 37 Filed 01/20/17 Page 3 of 5

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2) The parties will engage in the expedited discovery, attached to D.I. 28 as

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Exhibit I and this stipulation as Exhibit A.1

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3) The parties agree to the following schedule for expedited discovery and the

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briefing and hearing on Plaintiff’s Motion for Preliminary Injunction (D.I.
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11).

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Event

Deadline

Written Discovery Responses

January 30, 2017

Document Production

On or before February 9, 2017 at
5 PM Pacific

Deposition of Jack Zhai and
James Lee

Week of February 21, 2017

Deposition of Dr. Jie “Jay”
Tong and Wayne Vaz

Week of February 27, 2017

Plaintiff’s Amended Motion
For Preliminary Injunction

March 2, 2017

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Opposition to Plaintiff’s Motion March 9, 2017
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Reply

March 16, 2017

Hearing on Plaintiff’s Motion

March 23, 2017

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4) Depositions taken during expedited discovery will not prevent an

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additional deposition of any of the witnesses during regular fact discovery.

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The parties agree that Plaintiff’s responses to Defendants’ documents requests are
limited to documents generated on or before July 1, 2016 as well as those date limitations
already identified in the document requests.
-2-

JOINT STIPULATION & PROPOSED ORDER ON
MUTUAL EXPEDITED DISCOVERY AND
SCHEDULE

Case 3:16-cv-07323-EMC Document 37 Filed 01/20/17 Page 4 of 5

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Counsel agree that future depositions of the same witnesses will not cover

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the same questioning unless there is new evidence or information requiring

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further exploration. The parties agree that withdrawal of any discovery

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during the expedited discovery conferral does not constitute a waiver or
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bar a party from later seeking previously withdrawn discovery in the
regular course of discovery.

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IT IS SO STIPULATED.

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Dated: January 20, 2017

ORRICK, HERRINGTON & SUTCLIFFE LLP,

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By:

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/s/ Catherine Y. Lui
Catherine Y. Lui
Attorneys for Plaintiff AllCells, LLC

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Dated: January 20, 2017

LTL ATTORNEYS LLP,

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By:
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/s/ Eugene L. Hahm
Eugene L. Hahm
Attorneys for Defendants Jack Zhai, James
Lee, and Cepheus Biosciences, Inc.

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Having considered the foregoing stipulation, and finding that good cause exists for

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mutual expedited discovery in advance of Plaintiff’s Motion for Preliminary Injunction,

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

HON. EDWARD M. CHEN
United States District Judge

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I

ORD
T IS SO

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dwar
Judge E

JOINT STIPULATION & PROPOSED ORDER ON
MUTUAL EXPEDITED DISCOVERY AND
C
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F SCHEDULE

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By:

UNIT
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1/23
Dated: _________, 2017

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Case 3:16-cv-07323-EMC Document 37 Filed 01/20/17 Page 5 of 5

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ATTESTATION OF CONCURRENCE
I, Catherine Y. Lui, am the ECF User whose identification and password are

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being used to file the foregoing Joint Stipulation and Proposed Order Permitting Mutual

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Expedited Discovery and Setting Preliminary Injunction Schedule. Pursuant to Civil

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Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been

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obtained.

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Dated: January 20, 2017

ORRICK, HERRINGTON & SUTCLIFFE LLP,

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By:

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/s/ Catherine Y. Lui
Catherine Y. Lui
Attorneys for Plaintiff AllCells, LLC

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OHSUSA:766345152.2

-4-

JOINT STIPULATION & PROPOSED ORDER ON
MUTUAL EXPEDITED DISCOVERY AND
SCHEDULE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 1 of 12

EXHIBIT A

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 2 of 12

1 LTL ATTORNEYS LLP
2 Enoch H. Liang (SBN 212324)
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8

[e-mail]
Kevin M. Bringuel (SBN 196279)
[e-mail]
Eugene L. Hahm (SBN 167596)
[e-mail]
Jennifer S. Jung (SBN 302491)
[e-mail]
601 Gateway Boulevard, Suite 1010
South San Francisco, CA 94080
Tel.: [phone] / Fax: [phone]

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Attorneys for Defendants
10 Jack Zhai, James Lee and Cepheus Biosciences, Inc.

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UNITED STATES DISTRICT COURT

12
NORTHERN DISTRICT OF CALIFORNIA

13
ALLCELLS, LLC, a California Limited

14 Liability Company
Plaintiff,
15
16

v.

17 JACK ZHAI, an individual, JAMES LEE, an

Case No.: 3:16-cv-7323
DEFENDANTS JACK ZHAI’S, JAMES
LEE’S AND CEPHEUS BIOSCIENCES,
INC.’S SPECIAL INTERROGATORIES,
SET ONE

individual, and CEPHEUS BIOSCIENCES,

18 INC., a Delaware Company
Defendants.
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PROPOUNDING PARTY: DEFENDANTS, JACK ZHAI, JAMES LEE AND CEPHEUS
BIOSCIENCES, INC.

22 RESPONDING PARTY:
23 SET NO.:

ALLCELLS, LLC
ONE

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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., SPECIAL
INTERROGATORIES, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 3 of 12

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INSTRUCTIONS

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1.

To “IDENTIFY” as to a PERSON means to state the PERSON’s name, the

address of last known residence, last known telephone number, title, employer, and/or address of
employer.
2.

To “IDENTIFY” as to a product or device means to state the manufacturer, model

number, reseller, price, date purchased, and whether you still own the device.
3.

To “IDENTIFY” as to an event, discussion, inquiry or request means to state the

date that any of the foregoing occurred, the individuals involved, the location where the event,
discussion, inquiry or request occurred, and the outcome thereof.
4. To “IDENTIFY” as to a document means:
a. to refer to the document’s identification or exhibit number if the document has been
previously produced or used in discovery or to attach a true copy of the document to the
interrogatory answers and to state the document’s title and date, or if unknown the
approximate date of creation;
b. provide the identity of each person who signed or participated in the preparation of
the document;

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c. provide the identity of each person who is an addressee, including those to whom

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copies were to be sent, or who received a copy of the document;

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d. provide a summary of the subject matter of the document;

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e. provide the present location of the document and the identity of the custodian of the

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original and each copy thereof; and

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f. if the document no longer exists, give the date on which it was destroyed, the

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identity of the person who destroyed it, and the person under whose authority it was

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destroyed.

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5.

In answering the following interrogatories, you are required to provide all

information that is available to you or within your control, including information in the
possession of your attorneys, investigators, employees, agents, representatives, and guardians or
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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., SPECIAL
INTERROGATORIES, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 4 of 12

1 any other person acting on your behalf, and not merely information from your own personal
2 knowledge.
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6.

If you cannot answer an interrogatory in full, answer to the extent you are able to

4 do so, state the reason for your inability to answer further, and state the knowledge or
5 information available to you concerning the unanswered portion.
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7.

If you object to the interrogatory, you must state the grounds for any objection(s).

7 If you object to only part of the interrogatory, you must state the objection and the grounds for
8 any objection(s) and respond to the remainder of the interrogatory.
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8.

If you deem any information, document, or communication requested by any of

10 the following interrogatories to be protected from disclosure by the attorney-client privilege,
11 work-product doctrine, or any other privilege, doctrine, or immunity, please identify or describe:
12 (a) the information, document, or communication alleged to be so protected by author, subject
13 matter, date, number of pages, attachments, and appendices; (b) the names and job titles of all
14 recipients of the information, document, or communication, including blind copy recipients and
15 any individual to whom the information, document, or communication was distributed, shown, or
16 explained; (c) the information, document, or communication’s current custodian; (d) all bases,
17 factual and legal, upon which such protection rests; and (e) identify all persons who have, or
18 have had, access to said matter. If you contend that only a portion of the information sought by
19 an interrogatory is privileged, please provide the information that you do not contend is
20 privileged.
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9.

Each answer should be preceded by a reiteration of the full interrogatory to which

22 it responds.
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10.

As used herein, the masculine includes the feminine and neuter; the singular

24 includes the plural; “each” includes and encompasses “every,” and vice-versa;” “any” includes
25 and encompasses “all,” and vice-versa; the terms “and” and “or” have both conjunctive and
26 disjunctive meanings so as to be inclusive of any documents; and the present tense shall also
27 include the past tense.
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11.

These interrogatories are ongoing and continuing and you are under a duty to
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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., SPECIAL
INTERROGATORIES, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 5 of 12

1 supplement your responses to these interrogatories in accordance with Federal Rule of Civil
2 Procedure 26(e).
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DEFINITIONS
1.

“ALLCELLS,” “YOU” and “YOUR” shall mean Plaintiff AllCells, LLC,

6 including without limitation agents, representatives, employees, consultants, attorneys, and
7 others acting on behalf of ALLCELLS.
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2.

“ZHAI” shall mean Defendant JACK ZHAI.

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3.

“LEE” shall mean Defendant JAMES LEE.

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4.

“CEPHEUS” shall mean Defendant CEPHEUS BIOSCIENCES, INC.

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5.

“PERSON(S)” means any natural person, legal entity, public or private entity,

12 firm, association, organization, partnership, business, trust, corporation, limited liability
13 company, or joint venture, or others acting on behalf of said PERSON.
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6.

“DOCUMENT” and “THINGS” shall have the broadest meaning ascribed to it by

15 Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001, whether in a fixed media
16 e.g., paper, or electronic or otherwise.
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7.

“RELATE” or “REFER” or any variants thereof, when used in connection with

18 any document, shall be understood to apply if the document directly or indirectly evidences,
19 mentions, discusses, constitutes, concerns, supports, contradicts, refers to, or in any other way
20 deals with the subject matter described in the request in which the term appears.
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8.

“COMMUNICATION” means any contact, oral or documentary, formal or

22 informal, at any place or under any circumstances whatsoever whereby information of any nature
23 is transmitted or transferred, including, without limitation, a single person seeing or hearing any
24 information by any means.
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9.

“PRELIMINARY INJUNCTION MOTION” means the document filed as Docket

26 No. 11 in Case No.: 3:16-cv-7323, filed on December 28, 2016.
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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., SPECIAL
INTERROGATORIES, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 6 of 12

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SPECIAL INTERROGATORIES

2 SPECIAL INTERROGATORIES NO. 1
3

Identify all customers that ZHAI, LEE, or CEPHEUS allegedly diverted from

4 ALLCELLS to CEPHEUS, as asserted on Page 2, lines 23-24 of the PRELIMINARY
5 INJUNCTION MOTION.
6 SPECIAL INTERROGATORIES NO. 2
7

Identify all CEPHEUS’s products that allegedly contain or embody ALLCELLS’

8 purported trade secrets or confidential information, as asserted on Page 10, lines 23-24 of the
9 PRELIMINARY INJUNCTION MOTION.
10 SPECIAL INTERROGATORIES NO. 3
11

For each product identified in response to Special Interrogatory No. 2 above, identify

12 with particularity each alleged trade secrets of ALLCELLS contained or embodied in that
13 product.
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Dated: January 18, 2017

LTL ATTORNEYS, LLP

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BY:

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___/s/ Eugene Hahm_________________
EUGENE HAHM
Attorney for Defendants
JACK ZHAI, JAMES LEE AND
CEPHEUS BIOSCIENCES, INC.

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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., SPECIAL
INTERROGATORIES, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 7 of 12
LTL ATTORNEYS LLP

1 Enoch H. Liang (SBN 212324)
2 [e-mail]
3
4
5
6
7

Kevin M. Bringuel (SBN 196279)
[e-mail]
Eugene L. Hahm (SBN 167596)
[e-mail]
Jennifer S. Jung (SBN 302491)
[e-mail]
601 Gateway Boulevard, Suite 1010
South San Francisco, CA 94080
Tel.: [phone] / Fax: [phone]

8
9 Attorneys for Defendants

Jack Zhai, James Lee and Cepheus Biosciences, Inc.

10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13 ALLCELLS, LLC, a California Limited
14
15

Case No.: 3:16-cv-7323

Liability Company
Plaintiff,

DEFENDANTS JACK ZHAI, JAMES LEE
AND CEPHEUS BIOSCIENCES, INC.,
REQUEST FOR PRODUCTION OF
DOCUMENTS, SET ONE

v.

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JACK ZHAI, an individual, JAMES LEE, an

17 individual, and CEPHEUS BIOSCIENCES,
18

INC., a Delaware Company
Defendants.

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20 PROPOUNDING PARTY: DEFEDANTS, JACK ZHAI, JAMES LEE AND CEPHEUS
BIOSCIENCES, INC.

21
22
23

RESPONDING PARTY:

ALLCELLS, LLC

SET NO.:

ONE

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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 8 of 12

1
INSTRUCTIONS

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1.

Pursuant to applicable Federal Rules, you are required to obtain and furnish all

information available to you or in your control or available or in the control of any of your
representatives, employees, agents, brokers, servants, or attorneys.
2.

Each request should be responded to separately. However, a document which is a

response to more than one request may, if marked or indexed, be produced to in a later response
by its mark or index identifier.
3.

If any document or request for information or definition or instruction is objected

to in whole or in part, specify all grounds on which objection rests. Respond to all portions of
each such request to which no objection is asserted. In addition, state whether any responsive
information has been omitted from any response or whether and in what way the search for
responsive information has been delimited or circumscribed on the basis of any such objection.
4.

The documents produced in response to this request shall include all attachments

and enclosures.
5.

References to the singular include the plural.

6.

The use of any tense of any verb includes all other tenses of the verb.

7.

If you believe that any of the following requests calls for an assertion of a claim

of privilege, answer so much of the request as is not objected to, state that part of each request to
which you raise objection and set forth the basis for your claim of privilege with respect to such
information you refuse to give.
8.

For all documents for which a claim of privilege is raised as grounds for non-

production, a privilege log must be provided listing:
a.

The place, date and manner of preparing the document;

b.

The name and title of the sender;

c.

The identity of each person participating in the preparation of the

document;
d.

The identity and title of the person supplying the attorney with the
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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 9 of 12

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information requested above;

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e.

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summarization, the dates of said communication, and the employer and title of the

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person at the time of communication;

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f.

Type of document;

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g.

Subject matter (without revealing the relevant information for which

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privilege or statutory authority is claimed); and

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h.

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9.

The identity of each person to whom the contents of the document have

Factual and legal basis for claim, privilege.

If, for reasons other than a claim of privilege, you refuse to answer any request,

10 please state the grounds upon which the refusal is based with sufficient specificity to permit
11 determination of the propriety of such refusal.
12

10.

Each request calls for the production of the original document. Each request also

13 includes a request for production of all preliminary drafts of documents that differ in any respect
14 from the original or final draft or from each other (e.g., by reason of handwritten notes or
15 comments added to one copy of a document).
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11.

If any documents requested have been lost or destroyed, the documents lost or

17 destroyed must be identified by author, date and subject matter.
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12.

For any document which was once in Defendant’s control, but is no longer, please

19 indicate the date the document ceased to be in the Defendant’s control, the manner in which it is
20 ceased, and the name and address of its present custodian.
21

13.

If you do not agree with any definition of the terms provided herein, you are

22 instructed to provide a reasonable, alternative definition for that term, consistent with industry
23 custom and usage.
24

14.

Each of the definitions and instructions contained herein shall be fully applicable

25 to each request notwithstanding that a definition or instruction may, in whole or in part, be
26 reiterated in a particular request and notwithstanding that a particular request may incorporate
27 supplemental instructions or definitions. If, however, you provided any alternate definitions in
28 accordance with Instruction 14, indicate whether, and how, any answer to any request would
2
DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 10 of 12

1 differ if you relied on your alternate definition in responding to that request instead of the
2 definitions provided.
3

15.

Unless otherwise indicated, each request is to be construed as encompassing all

4 documents from the date the document (or thing) was first created, generated or received and
5 continues to the date of production.
6

16.

If any document or request is deemed to call for the disclosure of confidential or

7 proprietary information within the meaning of Rule 26(c)(7) of the Federal Rules of Civil
8 Procedure, Defendant’s counsel is prepared to receive such documents or information and will
9 maintain each document’s confidentiality pending the entry of an appropriate protective order.
10
11

DEFINITIONS
1.

“ALLCELLS,” “YOU” and “YOUR” shall mean Plaintiff AllCells, LLC,

12 including without limitation agents, representatives, employees, consultants, attorneys, and
13 others acting on behalf of ALLCELLS.
14

2.

“ZHAI” shall mean Defendant JACK ZHAI.

15

3.

“LEE” shall mean Defendant JAMES LEE.

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4.

“CEPHEUS” shall mean Defendant CEPHEUS BIOSCIENCES, INC.

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5.

The term “DOCUMENT," as used in these Production Requests has the broadest

18 meaning accorded that term by Rule 34 of the Federal Rules of Civil Procedure and Rule 1001 of
19 the Federal Rules of Evidence, and includes, but is not limited to, any kind of written or graphic
20 material, however produced or reproduced, of any kind or description, whether sent or received
21 or neither, including originals, copies, drafts and both sides thereof, and including, but not
22 limited to: any papers, reports, binder, cover note, certificate, letter, correspondence, record,
23 table, chart, analysis, graph, schedule, report, test, study memorandum, note, list, diary, log,
24 calendar, telex, message (including, but not limited to, inter-office and intra-office
25 communications), questionnaire, bill, purchase order, blogs, charts, data files, log files of
26 computer access activity, shipping order, contract, memorandum of contract, agreement,
27 assignment, license, certificate, permit, ledger, ledger entry, book of account, check, order,
28 invoice, receipt, statement, financial data, acknowledgement, computer or data processing card,
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DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 11 of 12

1 computer or data processing disk, computer- generated matter, photograph, photographic
2 negative, phonograph recording, transcript or log of an such recording, projection, videotape,
3 film, microfiche, and all other data compilations from which information can be obtained or
4 translated, reports and/or summaries of investigations, drafts and revisions of drafts of any
5 documents and original preliminary notes or sketches, and all of the records kept by electronic,
6 photographic, optical, mechanical, magnetic means and things similar to any of the foregoing,
7 including computer media, regardless of their author, no matter how produced or maintained, in
8 your actual or constructive possession, custody or control, or the existence of which you have
9 knowledge, and whether prepared, published or released by you or by any other person. If a
10 document has been prepared in several copies, or additional copies have been made, or copies
11 are not identical (or which by reason of subsequent modification of a copy by the addition of
12 notations or other modifications, are no longer identical), each non-identical copy as a separate
13 document.
14

6.

The term “COMMUNICATIONS” means any manner or means of disclosure,

15 transfer or exchange of information with any person (whether internal or external to an
16 organization), including but not limited to by means of verbal conversation, letter, memoranda,
17 message, note, telegram, telex, electronic mail, facsimile, text message, chat message, instant
18 message, Facebook message or Twitter message, posting, or by any other DOCUMENTS.
19

7.

The term “CONCERNING” means embodying, referring to, relating to,

20 summarizing, constituting, containing, analyzing, studying, explaining, mentioning, showing,
21 discussing, supporting, refuting, reflecting, memorializing, describing, commenting upon, and/or
22 connected in any way factually or logically with, the matter therein.
23

8.

“RELATE” or “REFER” or any variants thereof, when used in connection with

24 any document, shall be understood to apply if the document directly or indirectly evidences,
25 mentions, discusses, constitutes, concerns, supports, contradicts, refers to, or in any other way
26 deals with the subject matter described in the request in which the term appears.
27

9.

“TRADE SECRETS DISCLOSURE” means ALLCELLS’ Preliminary Trade

28 Secrets Disclosure served on January 14, 2017.
4
DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE

Case 3:16-cv-07323-EMC Document 37-1 Filed 01/20/17 Page 12 of 12

1

10.

As used herein, the masculine includes the feminine and neuter; the singular

2 includes the plural; “each” includes and encompasses “every,” and vice-versa;” “any” includes
3 and encompasses “all,” and vice-versa; the terms “and” and “or” have both conjunctive and
4 disjunctive meanings; so as to be inclusive of any documents.
5

11.

Unless otherwise noted herein, the relevant time period shall be from January 1,

6 2010 to the present.
7

REQUESTS FOR PRODUCTION

8 REQUEST NO. 1
9

All Confidential Disclosure Agreements, including amendments and prior versions, as

10 referenced in Paragraph 1.b of the TRADE SECRETS DISCLOSURE, that were in effect on or
11 after January 1, 2015.
12 REQUEST NO. 2
13

All Distributor Agreements as referenced in Paragraph 1.c. of the TRADE SECRETS

14 DISCLOSURE, that were in effect on or after January 1, 2015.
15 REQUEST NO. 3
16

All versions of the 2016 Catalog Price Adjustment File.

17 REQUEST NO. 4
18

All non-disclosure agreements, including amendments and prior versions, ALLCELLS

19 and its customers, that were in effect on or after January 1, 2015.
20 REQUEST NO. 5
21

All amendments or prior versions of any of the Exhibits attached to the TRADE

22 SECRETS DISCLOSURE.
23 Dated: January 18, 2017
24
25

LTL ATTORNEYS, LLP

BY:

26
27

___/s/ Eugene Hahm_________________
EUGENE HAHM
Attorney for Defendants
JACK ZHAI, JAMES LEE AND
CEPHEUS BIOSCIENCES, INC.

28
5
DEFENDANTS JACK ZHAI, JAMES LEE AND CEPHEUS BIOSCIENCES, INC., REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE